Common use of NOTICE OF NONRENEWAL OR TERMINATION, CONTENTS; REQUEST Clause in Contracts

NOTICE OF NONRENEWAL OR TERMINATION, CONTENTS; REQUEST. FOR HEARING; HEARING OFFICERS, LIST, SELECTION, QUALIFICATIONS, ELIGIBILITY a. Whenever a teacher is given written notice by the Board to not renew or to terminate the contract of a teacher as provided in Section 2, the written notice of the proposed nonrenewal or termination shall include (1) a statement of the reasons for the proposed nonrenewal or termination, and (2) a statement that the teacher may have the matter heard by a hearing officer upon written request filed with the Clerk of the Board of Education within 15 calendar days from the date of such notice of nonrenewal or termination. b. Upon the filing of any written request of a teacher to be heard as provided in subsection (a) within ten (10) calendar days thereafter, the Board shall notify the Commission of Education that a list of qualified hearing officers is required. Such notice shall contain the mailing address of the teacher. Within ten (10) calendar days after receipt of notification from the Board, the Commissioner shall provide to the Board and to the teacher a list of nine randomly selected, qualified hearing officers. c. Within five (5) days after receiving the list from the Commissioner, each party shall eliminate four names from the list, and the remaining individual on the list shall serve as hearing officer. In the process of elimination, each party shall eliminate no more than one name at a time, the parties alternating after each name has been eliminated. The first name to be eliminated shall be chosen by the teacher within five (5) days after the teacher receives the list. The process of elimination shall be completed within five (5) days thereafter. d. Either party may request that one new list be provided within five (5) days after receiving the list. If such a request is made, the party making the request shall notify the Commissioner and the other party, and the Commissioner shall generate a new list and distribute it to the parties in the same manner as the original list. e. In lieu of using the process provided in subsections (b) and (c), if the parties agree they may make a request to the American Arbitration Association for an arbitrator to serve as a hearing officer. Any party desiring to use this alternative procedure shall so notify the other party in the notice required under subsection (a). If the parties agree to use this procedure, the parties shall make a joint request to the American Arbitration Association for a hearing officer within ten (10) days after the teachers files a request for a hearing. If the parties choose to use this procedure, the parties shall each pay one-half of the cost of the arbitrator and of the arbitrator's expenses. f. The Commissioner of Education shall compile and maintain a list of hearing officers comprised of residents of this state who are attorneys at law. Such a list shall include a statement of the qualifications of each hearing officer. g. Attorneys interested in serving as hearing officers under the provisions of this agreement shall submit an application to the Commissioner of Education. The Commissioner shall determine if the applicant is eligible to serve as a hearing officer pursuant to the provisions of subsection (h). h. An attorney shall be eligible for appointment to the list if the attorney has: (1) completed a minimum of ten (10) hours of continuing legal education credits in the area of education law, due process, administrative law or employment law within the past five (5) years, or (2) previously served as the chairperson of a due process hearing committee prior to the effective date of this agreement. An attorney shall not be eligible for an appointment to the list if the attorney has been employed to represent a Board or a teacher in a due process hearing within the past five (5) years.